On 21 June 2018 the Home Office published further details of the post-Brexit settlement scheme for EU citizens.It was announced that the settlement scheme will be fully open by 30 March 2019. The deadline for applications will be 30 June 2021.

A new statement has been published, exempting both doctors and nurses from the current Tier 2 visa cap. The stated change to the immigration rules will be enforced on Friday 6th July 2018 but it may not be permanent.

Following on from the “Windrush” scandal that has dominated the immigration news is the last few months, the Guardian newspaper has in the last few weeks been highlighting the case of highly skilled migrants seeking indefinite leave to remain in the UK being threatened with removal by the Home Office due to their broad hand use of rule 322(5) of the Immigration Rules to refuse applications on the basis of “bad character”. The Guardian reported that around 1,000 skilled migrants are “wrongly facing deportation”.

During Theresa May's time as Secretary of State for the Home Department, measures were taken to create a "hostile environment" policy for those who do not have the right to reside in the United Kingdom. The basic principle behind this policy is to force people to prove their right to reside within the United Kingdom. This included renting a home, accessing healthcare or applying for a driving licence. This essentially meant public and private sector workers became enforcers of immigration control.

A UK employer who has a Tier 2 Sponsorship License and wants to recruit a skilled worker from outside the European Economic Area on a Tier 2 (General) visa must normally complete a Resident Labour Market Test – unless the job is exempt.

Almost 50% of decisions that go to appeal in England and Wales are overturned which the law Society argues means that the system is "seriously flawed". Furthermore the Law Society throws a word of caution in that they argue that this issue needs to be fixed before Brexit takes effect.

In July 2012 the Home Office introduced changes to the immigration rules regarding the requirements to enter the UK as the partner of a person present and settled in this country as part of attempts to control immigration from outside Europe, arguing that the rules would ensure no incoming families would burden the UK taxpayer.

The Court of Appeal in the case of AB v Secretary of State for the Home Department [2018] EWCA Civ 383 had to decide whether under the immigration rules in order for a person to be granted refugee status, that person had to be present in the country at the time that a decision was to be made. The Court of Appeal found that this was a requirement.

The court looked at whether someone running a business in the UK may rely on this as evidence of established private life under Article 8 of the ECHR. The appeal was dismissed but the court’s comments on the issue of private life will be useful for anyone who is in similar circumstances and seeking to rely on Article 8.

Earlier this month, the Supreme Court gave a ruling in relation to British citizenship by descent applications by overruling the historic discrimination contained in the historic law regarding British nationality. The ruling means that British citizenship applications may now become open to people who previously were not eligible to apply.

The UK has reached its cap for skilled non-EU workers for the third month in a row, consequently this has created greater staffing crisis for NHS and other employers. There is fear that this is turning into a long-term problem that could dramatically affect the NHS and other healthcare organisations.

The Court of Appeal in the case of PK (Ghana) v Secretary of State for the Home Department [2018] EWCA Civ 98, held that "compelling personal circumstances" for granting limited leave as a victim of trafficking under the SSHD's guidance had failed to lawfully reflect Article 14(1)(a) of the Council of Europe Convention on Action against Trafficking in Human Beings.

A research project funded by the Economic and Social Research Council (ESRC) and led by Dr Melanie Griffiths from University of Bristol looked on how precarious immigration status impacts on family life under Article 8 of the European Convention on Human Rights.

Edinburgh University is one of twenty-three Universities in the UK and Scotland that have reportedly agreed to take part in a pilot scheme designed to make it easier for foreign students to get visas to study and eventually find permanent work in the United Kingdom.

An EU citizen who, after more than one year, has ceased to work in a self-employed capacity in another Member State because of an absence of work owing to reasons beyond his control retains the status of self-employed person and, consequently, a right to reside in that Member State.

Some call us persuasive, we call ourselves commanding. Others call us dependable, we call ourselves LUPINS.

LUPINS support you all the way:

Communicating in clear language and making sure that you know where you stand

Ensure that you are applying for the right immigration process

Ensure that you have the documentation that proves you qualify for your chosen immigration process

Advise and assist you in completing and submitting the application forms

Make detailed representations in support of your application, setting out clearly why the application should succeed, highlighting the documentation we are submitting and how this proves you satisfy the legal provisions

Put simply, our immigration solicitors will hold your hands throughout the process, liaising with all relevant government bodies, including UK Visas and Immigration, British Consulate, overseas agents and where necessary the courts.

When experience matters, count on us

Our goal is to provide ‘clear advice and practical solutions’ to your legal problems.
It doesn’t matter if you are a recent migrant to the UK or have lived here all your life,
when you encounter a legal issue it’s good to have a friend on your side.